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PowerUp: Hans von Spakovsky on left’s ‘bogus’ lawsuit

Empower Wisconsin  | May 25, 2022

MADISON — A liberal lawsuit seeking to remove three members of Wisconsin’s congressional delegation from office is just more bogus litigation from the cancel culture left, according to national constitutional law expert Hans von Spakovsky.

In March, 10 Wisconsin residents, many of them liberal and Democratic Party activists, filed a federal lawsuit against U.S. Senator Ron Johnson (R-Oshkosh), Rep. Tom Tiffany (R-7th CD), and Rep. Scott Fitzgerald (R-5th CD) asking the court to disqualify them from holding office.

They plaintiffs are pushing the Democratic Party’s “insurrection” narrative, claiming the lawmakers they are suing have spread “malicious falsehoods” that helped to fuel the Jan. 6, 2021 riots at the U.S. Capitol because they dared to question the results of the 2020 presidential election.

It’s a frivolous lawsuit, said von Spakovsky, manager of the Election Law Reform Initiative at the Heritage Foundation.

“I think the court should not only dismiss it but impose sanctions against the lawyers who filed it,” he told Empower Wisconsin’s M.D. Kittle last week on the Vicki McKenna Show.

Beyond the absurdity of claiming the lawmakers’ speech incited an insurrection, the liberals stake their case on a provision in the 14th Amendment that hasn’t existed since 1872 and 1898. That’s when congress passed amnesty acts ending the Reconstruction Era disqualification language.

“Those amnesty acts clearly state this provision is out of the 14th Amendment,” von Spakovsky said.

Hans von Spakovsky is our guest on today’s edition of PowerUp, Empower Wisconsin’s podcast.

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